California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you for responding so quickly and for the valuable information that you provided. I do, however, have more to ask as I have received a response from my employer. First of all, I was actually hired by this Company, and had signed a letter of acceptance with a start date of 9/30/13. It actually stated "Congratulations in becoming a part of our Co. Your start date is 9/30/13. Please meet at our main office at 9:00am to complete your new hire paperwork and be sent for a physical and live scan. This is a FT salary exempt position...etc. It goes on to state pay schedule, benefits etc. So, I did start on 9/30, was sent for the physical/ drug screen and live scan. Then I came back to the office and completed the paperwork which took until after 4pm. I was then told that I couldn't actually start until they received the test results back.
So, I received, on 10-8, a v/m from the HR lady at my office stating that "We are not able to have you work at this time. We spoke with the Doctor and there was a concern about a restriction on driving and you'll be driving from house to house and there's no guarantee you won't be driving clients at times, so at this time we are unable to offer you the position." First of all I strongly believe that the Co. is lying about the fact that I may need to drive clients around. I have worked in home health and hospice most of my career and every company I've worked for has asked for proof of auto ins. This company, however, asked me for everything but proof of auto ins. Also, during my second interview at one of the group homes, they explained the position quite clearly and stated that most of the clients go to day care M-F and are driven by a transportation company. They also said that I may, on occasion, need to go to the hospital prior to discharge of a client to make sure the client is appropriate to come back as there are restrictions on medical conditions that are not allowed at the homes, etc. And never said that I would need to drive a client anywhere. But, to me the fact that they never asked for auto ins. is proof enough. You would think that they would need to know if I drove a car that could accomodate a sheel chair bound client
Well, I was surprised to see your response so quickly. I was trying to correct some spelling errors when my entire writings disappeared while only half way through my letter to you! So, I re-wrote everything, not knowing that what I thought had disappeared was actually sent, as I said only 1/2 done. You probably wondered why I sent that mid sentence!
Anyway, I really believe that this doctor was wrong in going to my employer and violated my HIPPA rights, prior to talking with me, by asking what my duties were going to be and if I were going to be driving clients anywhere. I was applying for an RN position, not a driving position. He could have, and should have in my opinion, spoken with me first and if he still had any concerns I could have offered a clearance from my doctor. This makes me feel that the doctor, himself, maybe had some unjustified concerns, and by doing this only put suspicion in the minds of my employers. Now, they are aware that I am taking one, or more, of the drugs I was tested for and so now they didn't want to hire me regardless about the driving. I believe that my employer lied when they said that I may need to drive clients around in order to get out of a discrimination suit. You had given me the web site for the Dept. of fair housing and employment, But by filing with them, will that get me any compensation? I don't know much about this organization so I'm not sure what they would be able to do for me? I had been looking for employment for about 10 months when I was hired at this company. I accepted this position, even though I would need to drive over 90 miles each way, as I was desperate for a job and they told me that the hours were flexible which worked well for me as I also have night classes three days a week. I turned down two interviews as I thought I already had secured employment. And, I stopped looking for jobs as well. This has also taking a tole on my emotional status as now I am afraid to apply for another job as this could possibly happen again. And, I now have to explain to family and friends that I failed the physical/ drug screen when most aren't even aware that I take medication. So, my question is do you think I should try and get an attorney, or will filing a complaint with fair housing take care of all of that. Since I haven't worked in so long, I can't afford an attorney unless it was contingent on winning the case. Thank you for your time in all of this.
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